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- Bavaro, Vincenzo, et al.
(författare)
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A hypothesis on the economic nature of labour law : the collective labour freedoms
- 2018
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Ingår i: European Labour Law Journal. - : Sage Publications. - 2031-9525 .- 2399-5556. ; 9:3, s. 263-286
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Tidskriftsartikel (refereegranskat)abstract
- This article aims to introduce in the scientific debate on the future of EU labour law and its relationship with human and fundamental rights, a redefinition of the collective labour rights in terms of ‘collective labour freedoms’. This redefinition is undertaken in different steps and initiates from the so-called ‘Laval doctrine’ that has emancipated the economic freedoms (mainly referred to as the freedoms of the employers) from the social rights (mainly referred to as the rights of workers and trade unions): collective labour freedoms do not question the outcome of the balance struck by the CJEU but the possibility of balancing per se. In order to do so, this contribution proposes a different methodology that synthesises a socio-historical analysis of social rights as materially considered and acted by social partners with a positive reading of fundamental charters and constitutions in which the freedom of association, the right to collective bargaining and industrial action are recognised as tools to regulate the interests of a social and economic nature (in form of an inseparable hendiadys) pursued by both sides of the labour market, employers and employees. Collective labour freedoms underline the inherent economic nature of labour law and, in line with the theoretical framework (but opposite in terms of political goals) with the German ordoliberals, they do not deny the freedom of market; moreover, they are valuable entitlements to achieve the social market economy as enshrined in Art. 3(3) of TEU. The article finally presents a possible outcome of the proposed methodology with an example taken from a pivotal case from the Italian Supreme Court on the limits to the exercise of the right to strike in non-standard forms.
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| 2. |
- Auvergnon, Philippe, et al.
(författare)
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Tavola rotonda : Un confronto fra esperienze Europee
- 2019
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Ingår i: Lavoro e Diritto. - 1120-947X. ; 33:1, s. 197-224
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The foreign colleagues answer the following questions: Does the current regulation of the standard employment relationship create poverty in your country? Which are the kinds of non-standard employment contracts (i.e. fixed-term contracts, part-time, etc.) that create fragility and poverty? Does the introduction of new technologies (digital platforms, smart work, etc.) contribute to the increase of the number of working poor and poverty? Does a linkage between the working poor and female employment exist? Which are the causes of the poverty of work performed in agriculture? Do taxation law and social security law have an impact on the increase of the number of working poor? Which is the answer of the social security system to the new poverties (both during working life and after it)?.
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| 3. |
- Dias-Abey, Manoj, et al.
(författare)
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Re-imaging work and its regulation after Covid-19
- 2020
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Annan publikation (populärvet., debatt m.m.)abstract
- Alongside others, academics have acutely felt the isolation generated by the pandemic lockdowns. For many of us, one of the most cherished aspects of the scholarly pursuit is the exchange of ideas with colleagues. These personal interactions allow ideas that have been gestating in our minds to reach the outside world and then become honed through debate and discussion. To recreate such a space, members of the Moving Labour Collective decided to host an online discussion about the implications of COVID-19 for labour – its embodied practices, their regulation, and the theoretical and activist engagements with both. The Moving Labour Collective is a community of academics interested in critical labour research, open to both trade unionists and activists. We live and work in a number of different countries—Canada, Belgium, Denmark, Sweden, Austria, Italy, and the United Kingdom—and this diversity added a measure of perspective, and we hope, richness to our discussion. Below is an edited transcript of this dialogue. By publishing its contents, we hope to engage others in the conversation.
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| 4. |
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| 5. |
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| 6. |
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| 7. |
- Iossa, Andrea, et al.
(författare)
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Svezia
- 2022
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Ingår i: Immigrazione e Lavoro: Quali Regole?. - Neapel : Editoriale Scientifica. ; , s. 324-351
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Bokkapitel (populärvet., debatt m.m.)
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| 8. |
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| 9. |
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Labour Law and the Welfare State [Arbetsrätt och välfärdsstaten]
- 2019
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- This anthology comprises articles written by Swedish labour law researchers representing every university in Sweden. Its theme, labour law and the welfare state, is topical as the current promotion of markets, national, regional and international, arguably cannot legitimately take place without at the same time safeguarding labour and other social rights. One of the most salient characteristics of Scandinavian welfare states can be seen as the fusion of welfare and employment. Swedish trade unions, alone or together with the employer organisations, often have stepped in and adopted measures to complement state-based social security systems. The articles in this anthology address different aspects of the relationship between the Swedish labour law model and the welfare state.
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| 10. |
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